The last eighteen months have brought tumultuous change for employers due to the COVID-19 pandemic. The pandemic has been a great disruptor, and has brought rules, regulations and related agency guidance that have served to overwhelm even the most conscientious and attentive employer. The welcomed arrival of COVID-19 vaccines has, in many respects, caused many employers even more confusion on how to deal with employee requests for accommodations, such as a request to telework.
With the rollout of vaccines nationwide and improving conditions which allowed for return to work policies, one area for employers to be aware of is the intersection of an employer's obligations under the Americans with Disabilities Act (as Amended) ("ADA") to address a request for a reasonable accommodation, and a request by an employee to telework. This alert is intended to address recent guidance and case law on this issue.
In years past, requiring full-time, in-office attendance was seen as an "essential function" of many jobs. There was often resistance to accommodations which departed from this norm and employers often took the position that accommodating a disability with remote work was unreasonable. With millions of workers having participated in a large, forced experiment to see if remote working would be productive on a full-time basis, many employees are of the view that it does, and are resisting a return to the office by asking for an accommodation...
